New York Law Course (NYLC) Practice Exam

If the tort event did not occur in the domicile of either party, what is the usual governing law?

The law of the place where the accident occurred.

In tort conflicts of laws, the usual rule is lex loci delicti—the law of the place where the wrong occurred. If neither party is domiciled there, that place still provides the strongest connection because the negligent act and the injury happened there, so its rules for duties, breach, causation, and damages guide the case. Domicile-based rules (defendant’s or plaintiff’s) don’t track where the incident happened, and the place of the parties’ last interaction is not the standard tort anchor. Therefore, the law of the accident’s location governs.

The law of the defendant's domicile.

The law of the plaintiff's domicile.

The law of the place where the parties last interacted.